Da'Morus A. Cohen is an attorney in Holland & Knight's Miami office and a member of the firm's Litigation and Dispute Resolution practice group. Mr. Cohen assists clients in a wide array of matters, including governmental consumer protection investigations, regulatory compliance issues, advertising and promotional marketing compliance (sweepstakes, skill contests, social media, internet marketing, loyalty and rewards programs, and other promotional marketing campaigns).
As a member of Holland & Knight's Consumer Protection Defense and Compliance Team, Mr. Cohen has defended multiple clients subject to investigations and inquiries by the Federal Trade Commission (FTC), U.S. Department of Justice (DOJ), state attorneys general and other consumer protection-oriented agencies, such as the National Advertising Division of the Better Business Bureau. Mr. Cohen has experience with multiple federal and state consumer protection statutes, including the Fair Credit Reporting Act (FCRA), Dodd-Frank Wall Street Reform and Consumer Financial Protection Act, Federal Trade Commission Act, Fair Debt Collection Practices Act (FDCPA), Credit Repair Organizations Act (CROA), Telemarketing Sales Rule and the Equal Credit Opportunity Act (ECOA). He routinely advises clients in the financial services, healthcare and tourism industries on developing robust compliance management systems and conducts compliance reviews for entities within the jurisdiction of the FTC, DOJ, Consumer Financial Protection Bureau (CFPB) and other state regulatory bodies.
Mr. Cohen also counsels businesses and organizations in the areas of advertising, marketing and promotional compliance, internet and traditional sweepstakes, giveaways, skill contests, raffles and other promotional devices. Mr. Cohen assists businesses with advertising and marketing review and compliance prior to dissemination to the public. He routinely reviews and approves advertising and marketing materials on various platforms, including TV, print, radio, internet and social media. Mr. Cohen frequently advises businesses on the regulatory, compliance and transactional issues relating to social media contracts, licensing contracts, celebrity endorsement contracts, influencer contracts and other matters related to communications law and consumer engagement in social media and other platforms. He continually represents businesses in connection with the engagement of advertising, marketing and public relations firms, including assisting with the development, implementation and management of advertising, marketing and promotional plans. Mr. Cohen also assists businesses with the creation and implementation of social media policies and marketing initiatives. He also assists businesses in various industries, including food and beverage, hospitality and retail with the creation, implementation and management of loyalty, rebate and similar programs.
In addition, Mr. Cohen has experience handling general commercial litigation matters with a focus on the areas of general corporate, business and real estate litigation. His representative matters include corporate and partnership disputes, shareholder and member disputes, banking and finance litigation, prejudgment and post-judgment remedies, commercial mortgage foreclosures and commercial landlord and tenant disputes.
Mr. Cohen actively participates in the pro bono representation of nonprofit companies and low-income individuals in connection with advertising and marketing compliance, advertising sponsorships, consumer protection compliance and litigation matters. He also represents low-income individuals in connection with basic family law matters, including dissolution of marriage, child support enforcement, and child custody and sharing issues.
While at the University of Florida Levin College of Law, Mr. Cohen was a member of the Entertainment Law Review. He also was an active member of the Black Law Students Association, W. George Allen Chapter, serving as a contracts and constitutional law tutor and a first-year law student mentor.
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